HB 3886

Abstract

Amends the Juvenile Court Act of 1987. Provides that any party may file a motion requesting the court to review the decision of a temporary custodian or guardian appointed under the Act to deny a minor under the age of 18 access to the media. Provides that the Department of Children and Family Services bears the burden of demonstrating by clear and convincing evidence that its decision to deny the minor access to the media is in the minor's best interest. Provides that, in making its determination, the court shall weigh specified factors. Provides that the Department of Children and Family Services shall provide notice to a minor's guardian ad litem and attorney appointed under this Act any time that the Department, in its capacity as the minor's temporary custodian or guardian, denies a request by the media to speak with the minor. The Department shall provide the notice within one business day of its decision. The notice must at a minimum include the following: the name of the child, the name of the media, the date of the inquiry from the media, and the rationale for the Department's decision. House Floor Amendment No. 1 Deletes reference to: 705 ILCS 405/2-17 Adds reference to: 705 ILCS 405/2-10.3 new Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services and its assigns shall not interfere with the right of any youth in its custody or guardianship to communicate with the news media if the youth choses to do so. Provides that any time the news media requests to speak with a minor under 18 years of age, the Department of Children and Family Services shall provide notice to the minor, the minor's attorney, and guardian ad litem within one business day of the request. Provides that if the minor is under 18 years of age and the Department has determined that the minor does not have sufficient maturity to make the decision to communicate with the news media and that contact with the news media will, more likely than not, cause serious physical, emotional or mental harm the notice shall also include the basis, with specificity, for the Department's determination. Provides that if a minor 18 years of age or older chooses to speak to the news media, the Department shall not take any action to interfere with the minor's contact with the news media. Provides that if a minor under 18 years of age wishes to speak to the news media, but the Department seeks to prevent the minor's contact with the news media, the Department shall file a motion for court review of its determination within one day of its determination and in no event more than 48 hours from the news media's request. Provides that the court may not impose any limitations on the speech of a minor based on viewpoints the minor may express or information the minor may divulge, unless it is confidential information regarding third parties. Defines "interfere" and "less restrictive means". Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services and its assigns shall not interfere with the right of any youth in its custody or guardianship to communicate with the news media if the youth chooses to do so. Provides that any time the news media requests to speak with a specific, identified minor under 18 years of age, the Department of Children and Family Services shall immediately provide notice of the news media's request to the minor's attorney and guardian ad litem. Provides that the notice shall include at a minimum the minor's name, the news media name, and the date of the inquiry from the news media. Provides that within one business day of the news media's request, the Department shall determine whether the minor wants to speak with the news media, whether the minor has sufficient maturity to make his or her own decision to communicate with the news media and whether contact with the news media will more likely than not cause the minor serious physical, emotional or mental harm. Provides that the Department shall provide notice of its determination to the minor's attorney and guardian ad litem within one business day of its determination. Provides that the Department shall not take any action to interfere with the right of a minor over 18 to speak with the news media. Provides that the court shall not impose any limitations on the speech of a minor based on viewpoints the minor may express or information the minor may divulge, unless it is confidential information regarding third parties. Provides that any party may file a motion seeking to enforce certain rights relating to access to news media. Defines terms. Makes other changes. Effective immediately.